Internal Developments in Georgia

| News, Georgia

Controversial Reappointment of the Justice System

The High Council of Justice has elected Mikheil Chinchaladze as the chairman of the Tbilisi Court of Appeals for a second five-year term. The decision came in the midst of internal political tensions after the EU granted Georgia only the European perspective and urged the government to lay out a series of reforms. Chinchaladze has often been called by the non-governmental sector to be a member of the "Judicial Clan".

According to the High Council of Justice of Civil Georgia, Chinchaladze was the only nominee for the post and that he was supported by all ten current members of the council. All 53 judges of the Court of Appeals took part in the consultation dedicated to the election of Chinchaladze, all of whom supported his candidacy. Chinchaladze was elected for the first term on May 30, 2017 and his term ended in May of the current year.

Following the election, Nazi Janezashvili, a former member of the High Council of Justice and founder of the NGO "Court Watch", told reporters that Chinchaladze needed the position only for "privileges". She stated that his influence extends to all courts of first instance, including the Supreme Court. 

Earlier, non-governmental organisations called on the High Council of Justice and judges to not support the reappointment of Mikheil Chinchaladze, arguing that it would strengthen the "clan" in the judiciary. Eight non-governmental organisations issued a joint statement on June 20 stating, "Amid growing local and international criticism of the judiciary, the Council of Justice appears to be attempting to conceal clan governance in the judiciary from the public." 

The human rights activists also noted that the recommendations published by the European Commission on June 17, 2022 reaffirm that "the lack of independence of the judiciary is a significant obstacle to Georgia's existence as a democracy." The recommendation states, "The European Commission considers that one of the conditions for Georgia's European integration is to ensure the full and genuine independence, accountability, and impartiality of the judiciary in the institutional chain of justice."

The non-governmental organisation also criticised the Georgian parliament for not having five non-judicial members due to "violation of the law", which "means that society does not participate in the council's activities and that any decision made by the High Council of Justice does not meet the constitutional requirements."

Tensions Concerning Pride Week 

According to the statement of Nino Lomjaria, Public Defender of Georgia, it is necessary for the authorities to take into account the negative experience of July 5–6, 2021 and make every effort in the coming days to immediately prevent all possible actions of violent groups during the upcoming “Pride Week”. According to the statement, it should be noted that Georgia has a specific timeframe for taking steps to obtain EU candidate status, and during this period, the unhindered exercise of rights by people is gaining additional importance.

On July 5 of last year, groups led by Zurab Makharadze and other members of Alt-Info carried out gang violence at several locations. As a result, various types of health injuries were sustained by citizens and members of the media; people were prevented from exercising their right to peaceful assembly and demonstration; various individuals' property was damaged; and journalists were prevented from performing their professional duties. "Despite the evidence provided by the Public Defender, the Prosecutor's Office has not initiated criminal proceedings against the organisers of the group violence," the statement reads.

The Public Defender also urged the Minister of Internal Affairs of Georgia to prevent any potential acts of violence and to take prompt and effective measures to ensure that the organisers and participants of Tbilisi Pride are not threatened by violent groups.

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